Riley v. Eigo
Superior Court of Pennsylvania
Appeal, No. 27, Nov. T., 1895, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1895, No. 929, for want of a sufficient affidavit of defense. ' Assumpsit to recover $133.23, money loaned by plaintiff to defendant.
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Appeal, No. 27, Nov. T., 1895, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1895, No. 929, for want of a sufficient affidavit of defense. ' Assumpsit to recover $133.23, money loaned by plaintiff to defendant. Copy of the affidavit of defense is as follows: Joba T. Eigo, the defendant, being duly sworn, deposes and says that he has a just and legal defense to plaintiff’s claim of the following nature and character: That on the seventeenth day of July, 1894, plaintiff and deponent entered into copartnership under the firm name of Eigo & Riley, to carry on in the city of…
1Opinion of the Court
Opinion by
Reeder, J.,
The affidavit of defense sets out that the plaintiff and defendant subsequent to the loan upon which suit is brought entered into a partnership for the purpose of carrying on a retail coal business; that the plaintiff withdrew from the partnership in March, 1895, and that some time thereafter the defendant paid a bill for coal amounting to $440, one half of which should be set off against the amount $110, which the plaintiff sues for.
This affidavit of defense is defective and insufficient in several particulars. There is no allegation that the amount was paid by the…
2Cases cited13 opinions
- Zuck v. McClure & Co.Supreme Court of Pennsylvania · 1881
- Roig v. TimSupreme Court of Pennsylvania · 1883
- Gunnis, Barritt & Co. v. CluffSupreme Court of Pennsylvania · 1886
- Pennell v. GrubbSupreme Court of Pennsylvania · 1850
- Crow v. GreenSupreme Court of Pennsylvania · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Condran v. KennedySuperior Court of Pennsylvania · 1914